M Hanif v Department for Work and Pensions — 2019

The tribunal dismissed most of the claimant's harassment and victimisation complaints. It found that several alleged events were not proved, including allegations that Ms Hepperle discussed the claimant's personal affairs with colleagues, made the alleged comments about sexual orientation, asked to see personal messages, tampered with SOP records, or removed an agreed adjustment about remote hearing centres. Where some conduct was proved, the tribunal generally found no basis to conclude it was related to disability or sexual orientation, or done because of a protected act.

The tribunal upheld one reasonable adjustment complaint about listening to music. It found that the respondent applied a practice of not permitting staff to listen to music while carrying out office-based tasks, that this put the claimant at a substantial disadvantage because listening to music helped her manage anxiety and stress, and that permitting her to listen to music was a reasonable step. The failure to give express permission, and the later instruction not to listen to music, breached the duty to make reasonable adjustments.

The tribunal also upheld a reasonable adjustment complaint arising from 8 November 2018. It found that requiring the claimant to return to the office and report to Ms Hepperle put her at a substantial disadvantage because of her mental health condition and the workplace tensions. It held that the respondent should have maintained the temporary arrangement of working from home and reporting to Mr Humphray for a reasonable period while alternatives and the grievance appeal were considered.

The tribunal held that the listening-to-music complaint was out of the primary time limit but extended time on just and equitable grounds. It held that the 8 November 2018 reasonable adjustment complaint was in time, treating 28 December 2018 as the relevant date for limitation purposes.